Covid-19 puts Aarto on ice, while legal battle looms

The Covid-19 pandemic has scuppered government’s plans to begin rolling out the controversial new demerit point system for errant drivers on a national scale this month.

Last year, the Administrative Adjudication of Road Traffic Offences Act (Aarto) – and with it the new system – was signed into law.

Transport Minister Fikile Mbalula subsequently announced the system was expected to come into “full effect” from this June.

On Tuesday, however, Mbalula’s spokesperson, Ayanda-Allie Paine, said the rollout date had been postponed as a result of the outbreak of the novel coronavirus.

She said no date was officially promulgated but confirmed Aarto was intended to take national effect “by mid-2020”.

“The impact of the Covid-19 outbreak has severely compromised the capacity of the Road Traffic Infringement Agency (RTIA), which is the entity responsible for the rollout of Aarto, as well as other prerequisites determining the rollout date and has resulted in a severe loss of revenue to support the preparatory activities,” Paine said. “For this reason, RTIA is in no position at this stage, to successfully conduct the national rollout of Aarto. The situation will be reviewed in due course for further determination as to when the rollout date will be promulgated.”

The act envisages a new fines system and that drivers also incur demerit points for certain road traffic infringements, with their driver’s licenses being suspended once they have incurred a certain number of points.

President Cyril Ramaphosa has said Aarto is geared towards establishing a “more effective and efficient link between enforcement and a transparent and fair adjudication process” and that it brings with it “meaningful consequences for reckless, negligent and inconsiderate conduct”. But the act has faced harsh criticism from civil society groups such as Justice Project South Africa (JPSA), which charges that “its real purpose is to expedite the collection of traffic fine revenues and to impose an ominous administrative burden on those who stand accused of violating traffic laws”.

Howard Dembovsky – the founder and chairperson of JPSA – has launched a constitutional challenge to various sections of the act, which is expected to be heard by a full bench of the North Gauteng High Court later this year.

“The apparent purpose of the provisions of the road traffic legislation being challenged in this application has little to do with bringing about greater levels of compliance and in so doing, enhancing road safety,” Dembovsky said in court papers. “The apparent purpose … is that of generating revenue by running roughshod over my and other motorists’ constitutional rights.”

The Department of Transport is opposing the challenge and in an affidavit deposed to by then acting deputy director general Prasant Mohan, said “naysayers” – such as JPSA – were “suspicious of the Aarto Act”.

“They charge that the intentions behind the Aarto Act is merely for revenue collection for the state agencies. This charge is not only false but unfortunate,” Mohan said. “Traffic fines have been imposed throughout the country even before the advent of Aarto. These fines are meant to serve as punishment for errant drivers … The Aarto Act seeks to firstly ensure that the errant drivers suffer the consequences of actually paying for their fines and penalties.

“Second, and where the errant behavior continues despite payment of fines and penalties, the point demerit system will ensure that the driver’s license of the errant driver is suspended, and even cancelled.”

The Organisation Undoing Tax Abuse and the Automobile Association have also openly criticised the act.

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